- Identifying Relevant Precedents: This involves researching and identifying cases that are relevant to the current legal issue or question at hand. These precedents should share similarities with the current case in terms of facts, legal principles, or outcomes.
- Analyzing Precedents: Once relevant precedents are identified, they are analyzed to understand the legal principles they establish or the reasoning behind their decisions. This analysis involves examining how the facts of the previous cases were interpreted and applied to reach a legal conclusion.
- Emphasizing Key Precedents: During legal arguments or presentations, lawyers may highlight specific precedents that are particularly persuasive or supportive of their position. This involves discussing the facts and legal principles of the precedent cases in detail to demonstrate their relevance and applicability to the current case.
- Distinguishing Precedents: In some cases, precedents may not directly support a party’s position. In such situations, lawyers may attempt to distinguish the precedent cases by pointing out factual or legal differences that make them inapplicable or less persuasive.
- Addressing Contrary Precedents: If there are precedents that appear to contradict a party’s position, lawyers may address these contrary precedents by distinguishing them or arguing why they should not be applied in the current case.
- Building a Legal Argument: By highlighting relevant precedents and demonstrating how they support a particular legal argument or interpretation, lawyers strengthen their case and provide a framework for the court to follow in reaching a decision.